Image provided by: University of Oregon Libraries; Eugene, OR
About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (April 12, 2007)
Page 10 A p ril 12, 2 0 0 7 Spiiyay Tymoo, Warm Springs, Oregon Tribal Council Resolutions (The follow ing are recent reso lutions o f the T ribal C ouncil o f the Confederated Tribes o f Warm Springs.) Adoption election Whereas Article III, Section 3, o f the Constitution and By- Laws o f the C o n fed erated Tribes o f the Warm Springs R eserv atio n of O reg o n (“Tribe”) provides for the Sec retary o f the Interior (“Secre tary”) to call an election for pur poses o f adoption o f persons as members o f the Tribe; and, Whereas it has been ten years since a successful adoption elec tion has been held and there are a number o f applicants for en rollment with the Tribe who are not eligible for automatic enroll ment but who are eligible for adoption; and, Whereas the Tribal Council believes it is appropriate for the Secretary to call for an election on the adoption o f such persons and further believes that it would be m ost conv en ient if such ad op tion e lectio n could be scheduled to permit the eligible voters to cast their ballot over a two-day period, o f May 15 and 16, 2007; now, therefore, Be it resolved by the Twenty- Third Tribal Council o f the C onfederated Tribes o f the Warm Springs Reservation o f Oregon, pursuant to Article V, Section 1 (a) and Article III, Sec tion 3, o f the Tribal Constitu tion and By-Laws, that the Sec retary is requested to call an election for purposes o f adop tion o f persons as members o f the Tribe, and that such election be scheduled for ballots to be cast over the two-day period o f May 15 and 16, 2007. (Resolu tion 10,713.) Return of artifacts Whereas the Confederated Tribes o f Warm Springs Reser vation o f Oregon (Tribe) is a federally recognized Indian tribe which has traditional cultural areas in Oregon; and, Whereas the Tribe has iden tified certain artifacts and cul tural items in O SU ’s possession that are subject to transfer to the Tribe; and, Whereas the Tribe has asked OSU to transfer the items to the Tribe; and, Whereas OSU and the Tribe have engaged in consultation over the items to be transferred to the Tribe, and have devel oped Agreements detailing the terms o f the transfer o f items; and, Whereas there is a remote possibility that a person or en tity may make a claim under NAGPRA for an item; and, Whereas there is a remote possibility that a donor o f Items transferred to the Tribe under this Agreement may ask OSU to return the items to the do nor; and, Whereas OSU has taken the steps necessary under O R S 358.420 to notify third parties who may have claims to the items; and, Whereas the Tribe wants pos session o f the items and OSU wishes to accommodate this de sire; and, Whereas the Tribal Council has determined that the pro posed Agreements to transfer cultural items and artifacts are in the best interests o f the Tribe and now desires to adopt a lim ited waiver o f sovereign immu nity in co n n ectio n with the Agreements; now, therefore, Be it resolved by the Twenty- ThirdError! Bookmark not de fined. Tribal Council o f the C onfederated Tribes o f the Warm Springs Reservation o f Oregon, pursuant to Article V, Section 1(f), and (1) o f the Tribal Constitution and By-Laws, that the Tribal Council hereby adopts and approves the attached lim ited waiver o f sovereign immu nity as a provision to be included in Agreements to transfer cul tural items and artifacts from OSU to the Tribe; and, Be it further resolved that the Tribal Council hereby autho rizes and directs the Secretary- Treasurer to execute and deliver said limited waiver o f sovereign immunity. (Resolution 10,725.) Biomass Whereas Tribal Council be lieves that the Warm Springs Biom ass Energy G eneration project (“Warm Springs biom ass project”) will provide eco nomic, environmental and social opportunities for the Tribe as a whole and has taken formal ac tion several times to support the biomass project; and, Whereas it is anticipated that the W arm Springs biom ass project will be owned and oper ated by the Warm Springs Bio mass LLC, a tribally formed LLC, which will include outside equity investors; and, Whereas it is anticipated that the energy generated by the Warm Springs biomass project will be sold under a long-term power sales agreem ent with P ortlan d G en eral E le c tric (“P G E ”); and, Whereas to deliver the en ergy for sale to P G E it will be beneficial for die Tribe to own and operate an electric transmis sion line facility not to exceed 115 K V that interconnects with P G E facilities at either the Pelton Dam or the Round Butte Dam; and, Whereas Tribal Council de sires that such facility be engi neered, constructed, owned and operated by the Warm Springs Power and Water Enterprises (“W SPW E”); and, Whereas it is anticipated that W SPW E will provide electric tran sm ission service to the Warm Springs Biom ass LLC with such facilities in exchange for wheeling or other opera tional charges; and, Whereas Tribal Council de sires to authorize a transmission right o f way corridor for such transmission facilities as identi fied in the attached Exhibit “A” and iiicludihg access across tribal lands for egress and ingress to the transmission facilities; and, W hereas T rib al C o u n cil deems it desirable to authorize W SPW E in conjunction with the Branch o f Natural Resources (“B N R ”) to refine the actual location o f the transmission fa cilities, including minor devia tions from the corridor identi fied in the attached Exhibit “A” and to designate the width o f the associated transmission cor ridor without requiring any fur ther Tribal Council action; now therefore, Be it resolved by the Twenty- Third Tribal Council o f the C onfederated Tribes o f the Warm Springs Reservation o f Oregon, pursuant to Article 5, Section 1(f), (1), and (u) o f the Tribal C onstitution and By- Laws, and Section 4 o f the Tribal Corporate Charter, that Tribal Council hereby authorizes and designates a transmission right o f way corridor identified in the attached Exhibit “A” for the purpose o f engineering,'con struction, ownership and opera tion o f electric transmission fa cilities by W SPW E, and includ ing access across tribal lands for ingress and egress by W SPW E to the transmission facilities; and, Be it further resolved that W SPW E is authorized, in con junction with BN R, to refine the actual location o f electric trans mission facilities, including mi nor deviations from the corri dor identified in the attached Exhibit “A” and to designate the width o f the associated trans mission corridor without further Tribal Council action. (Resolu tion 10,717.) Composite Products Whereas the. Tribal Council originally established Warm Springs Com posite Products (“W SCP”) as a tribally owned enterprise by adopting a Plan o f Operations for WSCP by Reso lution No. 8989 on January 5th, 1995; and, Whereas the Tribal Council adopted a First Amended Char ter for WSCP by Resolution No. 10,510 on May 9, 2005 and a Second Amended Charter for W SC P by R eso lu tio n No. 10,692 on December 11, 2006; and, Whereas WSCP has demon strated significant promise as a tribal enterprise; and, Whereas WSCP has the po tential to obtain government contracts for its services that will substantially increase its business operations; and, Whereas it is important for the success o f W SCP that it obtain Small Business Adminis tration (SBA) 8a status in order to obtain p referen ce in the award o f government contracts; and, Whereas to obtain SBA 8a status it is necessary that the WSCP Plan o f Operations en sure that the enterprise will be managed and co n trolled by tribal members; and, Whereas it is necessary to amend the WSCP Plan o f O p erations to meet the Small Busi ness Administration require ments for SBA 8a organizations; and, W hereas the p ro p o sed amendment includes a revision o f the quorum provision and requires that a quorum consist o f th ree D ire c to rs , two o f whom must be tribal members; and, Whereas the Tribal Council now desires to take the actions necessary for the further devel opment o f WSCP; now, there fore, B e it resolv ed by the (Twenty-Third) Tribal Council o f the Confederated Tribes o f the Warm Springs Reservation o f Oregon, pursuant to Article V, Section 1(f) and (o), o f the Constitution and By-Laws, that the Third Amended Plan o f Operations o f Warm Springs Composite Products attached as Exhibit “A” is hereby approved and adopted. (R eso lu tio n 10,712.) Fisheries Whereas the Tribal Council o f the Confederated Tribes o f the Warm Springs Reservation o f Oregon, that the Treaty with The Tribes and Bands o f Middle Oregon on June 25, 1855 re served to the C onfederated Tribes o f the Warm Springs Res ervation o f Oregon o ff reser vation fishing rights at all Usual and Accustomed stations; and, W hereas R e so lu tio n N o. 6231 establishing procedures for conducting all Warm Springs Tribal ceremonial fisheries was adopted by the Tribal Council on June 8, 1982; and, Whereas the Warm Springs Tribal Council has been advised by the O ff-R eservation Fish and Wildlife Committee and the Natural Resources Department that the 2007 Columbia River spring chinook salmon run des tined to pass above Bonneville Dam is predicted to be approxi mately 78,500 spring chinook salmon; and, Whereas the O ff-R eserva tion Fish and Wildlife Commit tee has recommended that the C onfederated Tribes o f the Warm Springs Reservation o f Oregon share o f the allowable spring chinook salmon ceremo nial harvest be 1,000 spring chinook salmon taken in gillnet fisheries for use in Longhouse ceremonies; now, therefore, B e it resolv ed by the (Twenty-Third) Tribal Council o f the Confederated Tribes o f the Warm Springs Reservation o f O regon, that pursuant to Article V, Section I (a), (1), and (u), o f the Tribal Constitution and By-Laws, that the 2007 cer emonial gillnet harvest will be limited to 1,000 spring chinook salm on, the C o n fed erated Tribes o f the Warm Springs Reservation o f Oregon alloca tion for spring chinook salmon ceremonial harvest. (Resolution 10,724.) Health services Whereas the Tribal Council is concerned with the health and well being o f the Warm Springs Community and the erosion o f professional and financial re sources available; and, Whereas the Confederated Tribes have entered into a Joint Venture with the Indian Health Service for the staffing and op eration o f the Warm Springs H ealth and Wellness Center; and, Whereas the Congress has provided recurring base staffing and operating resources in con sideration o f the Tribal commit ments under the Joint Venture; and, Whereas the Tribal Council, as an expression o f self-deter mination has chosen to retain federal operation o f several clinically based programs within the Health and Wellness Center; and, Whereas the Tribal Council wishes to ensure that all re sources provided by Congress for the expressed purpose o f staffing and operating the Warm Springs H ealth and Wellness center remain with the Warm Springs Tribe; and, (C ontinued on p a g e 11.) Csvllision C*tnttr % 5.Z. i t f Inter-Industry Conference On Auto Collision Repair (l-CAR) Of 7 7 7 4 / A utom otive Service E xcellence (ASE) C ertified Come see us first We repair all makes and models! 732 SW 6th St., at the “Y” in Redmond Desks, Living Room, Dining Room, Tables, Lamps, Recliners, Mattresses, Bedroom, Daybeds, Sleepers, Bunk Beds, Leather, Entertainment Centers, and MORE! FREE DELIVERY to MOST Central Oregon areas. Open Let us help negotiate your vehicle damage claim We honor all insurance company estimates. Factory trained technicians, factory quality repairs & craftmenship, frame straightening rack, with laser precision body alignment. No matter what happens to your car, you can count on the Autobody Repair specialists at Miller Ford Nissan collision center to take care of it from the smallest scratch to the biggest dent. 7 Days a week 10-6 Mon.-Sat. 24-Hour Towing Service, Rental cars available 541 - 475-6153 11-5 Sun. HOME FURNISHINGS - REDMOND Locally Owned & Operated since 1980 9 2 3 *4 1 5 5 your 'favorite 7-tome 'Furnisfiincjs 'For Hess
